Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973-Sections 436 and 43 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973-Sections 436 and 439-Bail-Rejection just a month ago-Another FIR registered against accused persons for threatening witnesses and charge-sheet filed-Subsequently, High Court granting bail-Held, High Court ought to have taken note of facts on record including the second FIR and charge-sheet thereon-No specific reason given for grant of bail especially when bail was rejected just a month ago-Hence High Court was in error. Appellant's brother was a candidate contesting election for the post of Pradhan. While the polling was in progress informant was prohibited from casting his vote. Appellant's brother interfered and the torture fell on to him which resulted in his death. FIR was lodged and accused persons were arrested. Accused person then filed bail application. Both the trial court and High Court dismissed the application. Subsequent bail applications filed before the Sessions Judge were also rejected. Against this order accused persons filed application for bail before High Court. Subsequently another FIR was registered and charge-sheet was filed. Bail applications was allowed and against this order, an application for cancellation of bail was filed, which was rejected. Hence the present appeal. |
Judge | Hon'ble Mr. Justice U.C. Banerjee |
Neutral Citation | 2002 INSC 148 |
Petitioner | Ram Govind Upadhyay |
Respondent | Sudarshan Singh And Ors. |
SCR | [2002] 2 S.C.R. 526 |
Judgement Date | 2002-03-18 |
Case Number | 381-382 |
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